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BLACK UNITED FUND OF N.J., INC. v. KEAN

No. 85-5176.

763 F.2d 156 (1985)

BLACK UNITED FUND OF NEW JERSEY, INC., a Non-Profit New Jersey Corporation, Appellee, v. Thomas H. KEAN, Governor of the State of New Jersey, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 24, 1985.

Attorney(s) appearing for the Case

Joseph L. Yannotti (argued), Andrea Silkowitz, Deputy Attys. Gen., Irwin I. Kimmelman, Atty. Gen. State of N.J., Newark, N.J., for appellant.

Dwayne C. Vaughn (argued), Newark, N.J., for appellee.

Before SEITZ, WEIS and ROSENN, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

Since 1955, a New Jersey statute has permitted voluntary contributions to the United Way and its predecessors to be deducted from the salaries of state and local governmental employees. Concluding that the state impermissibly excluded other charitable organizations, such as plaintiff Black United Fund, the district court directed that plaintiff be given immediate access to the solicitation and withholding process...

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